Cases: Reasonableness of Fees

Allocation, Fee Clause Interpretation, Reasonableness Of Fees: Reducing Requested $1.36 Million Fee Award, By 25% To $943,028, Was No Abuse Of Discretion Based On $1.2 Million-Plus Recovery And Rejection Of Low Ball Defense Settlement Offer

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Tort Claim Defense Fees On An Unsuccessful Cross-Complaint Were Interrelated, Thus No Allocation Required; Prevailing Party Clause In Lease Applied So As To Allow Fee Recovery In Broker’s Favor.             Water Court, LLC v. Adams Wine Group, LLC, Case No. B290799 (2d Dist., Div. 6 Feb. 25, 2020) (lead appeal; unpublished) is an example of […]

Consumer Statutes, Reasonableness Of Fees: Morris Lemon Law Fee Decision Now Certified For Publication

Cases: Consumer Statutes, Cases: Reasonableness of Fees

2 DCA Affirmed Trial Court’s Reduction Of Attorney’s Fees Request In Lemon Law Case For Unnecessary Duplication By Plaintiff’s Attorneys.              On September 17, 2019, we posted on Morris v. Hyundai Motor America, Case No. B290693 (2d Dist., Div. 7 September 16, 2019), which was unpublished at the time.  In that case, a lemon law

Allocation, Fee Clause Interpretation, Lodestar, Prevailing Party, Reasonableness Of Fees, Section 1717, Settlement: Reasonable Discretion Exercised In Awarding Defendant Only 20% Of Requested $177,712 In Fees

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Settlement

The Legal Principles Of Civil Code Section 1717 and Santisas Governed.             Both parties appealed the fee results in Rusnak/South Bay v. Glukel Group, Case No. B286513 (2nd Dist., Div. 3 Sept. 27, 2019) involving a dispute between landlord and tenant – with tenant plaintiff advancing contract and tort claims against landlord.         

Fee Clause Interpretation, Reasonableness Of Fees: Plaintiff Subhauler Winning Net Judgment Of $19,113.84 Was Properly Awarded Contractual Fees Of $100,415

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Contractual Fees Do Not Have To Be Proportional And Unsuccessful Efforts Can Be Awarded.             In Cheema v. L.S. Trucking, Inc., Case Nos. A150234/A151044 (1st Dist., Div. 4 Sept. 17, 2019) (published), plaintiff, a subhauler for defendant trucking company, won affirmative recovery in the form of a net judgment of $19,113.84.  There was a broad

Consumer Statutes, Reasonableness Of Fees: Trial Judge Did Not Abuse His Discretion By Awarding $73,864 In Lemon Law Fees Out Of A Requested $191,688.75

Cases: Consumer Statutes, Cases: Reasonableness of Fees

Case Settled For $85,000, With Duplicative Efforts Properly Justifying Lower Court Reduction And With 2/7 DCA Panel Disagreeing With Another Court That Particular Reduction Articulation Applied Outside Of Civil Rights Context.             Morris v. Hyundai Motor America, Case No. B290693 (2d Dist., Div. 7 Sept. 16, 2019) (unpublished) is a situation where the trial judge

Costs, Deadlines, Reasonableness Of Fees, SLAPP: 2/3 DCA Affirms SLAPP Fee Award To Defendant Of $53,915.50, The Full Defense Request, Rejecting Untimely Motion Filing Argument

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees, Cases: SLAPP

However, Costs Award Reversed Because It Was Untimely Filed And Prejudiced Plaintiff.             In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling

Indemnity, Paralegals, Reasonableness Of Fees: Famed Volleyball Player Kerri Walsh Jennings Properly Awarded Attorney’s Fees Of $92,726 For Contract Breach Claim Of $150,000

Cases: Indemnity, Cases: Paralegal Time, Cases: Reasonableness of Fees

Indemnification Clause Was Not A Third-Party Clause, So Fees Were Proper; $790-$850 Hourly Rate For 43-44 Year Los Angeles Litigator, $360-$395 For 4-5 Year Associate, And $290 For Paralegals Found To Be Reasonable By The Trial Judge And Appellate Court.             Just to show you how fee recovery can frequently come close to the underlying

Reasonableness Of Fees, Special Fee Shifting Statute: Prevailing Defendant In Civil Harassment Proceeding Properly Awarded $10,000 In Fees And $1,100 In Costs

Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Trial Court’s Conclusion That $181,013.63 Request Was Unreasonable/Inflated Was Affirmed On Appeal.             Folks, we can reiterate that you need to make opening fee requests which are reasonable and bear some semblance of reality to the case involved, subject to aggressive tactics by the other side or complexity/longevity of the case which usually will justify

Landlord-Tenant, Reasonableness Of Fees, Section 1717: $428,175 Fee Award To Winning Landlord In Tort Condo Damages/Fraud Case Against Tenants Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees, Cases: Section 1717

Residential Security Deposit Scheme Did Not Preempt Tort Fee Award; But Landlord Correctly Reduced Landlord’s Fee Request Of $659,367.56 For Various Reasons             Los Angeles County Superior Court Judge Weingart, sitting by assignment on the 2/1 DCA, has penned a nice decision in Sweeney v. Scully, Case No. B284915 (2d Dist., Div. 1 June 27,

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